HISTORY OF LABOR LAW IN COLOMBIA - HISTORY - 2025

The history of labor law in Colombia is directly linked to the evolution of labor law in Europe. In this way, his great cover letter begins with the abolition of slavery and the recognition of the duties and rights of workers.

At first, the work relationship was between master and slave, later it became between landlord and worker; During the 19th century, a new employment relationship appeared, a product of industrial development in the most urbanized areas.

In this way, the figure of the employee appears as the one who requests to exercise their work within dignified and fair conditions.

Labor law is derived from the establishment of the regulations, laws, standards and provisions necessary to ensure that workers have all the guarantees for the full exercise of their obligations.

Labor law in Colombia has evolved around the needs of employees as time goes by.

This is how the figure of Social Security, compensation funds, severance payments, retirement age and the number of working hours allowed daily have been modified on a recurring basis since slavery was abolished (LARA, 2009).

Historical background of labor law in Colombia

Various historical events that took place mainly in Europe, such as the feudal system, the abolition of slavery, the new roles, dynamics and the way the land was divided, laid the foundations to establish how the labor relationship would be regulated in Colombia.

Subsequently, the industrial development in the cities and the constant protest against the inequality of the working conditions of the workers, led to the enactment of labor law in Europe, which would later permeate also in the Colombian context.

In general, labor laws in Europe and Colombia appear as a result of pressure from labor forces in different industries in the late 19th and early 20th centuries.

Chronology of labor law in Colombia

XIX century

- January 1, 1852

On this date slavery is officially abolished in Colombia. This initiative had started 40 years earlier with the establishment of the 1812 constitution in Cartagena.

In this document, the first regulations and social laws that would later take the form of the Substantive Labor Code in Colombia were indicated.

Despite the fact that many people of the aristocracy opposed this initiative, on January 1, 1852, the long process of republican manumission culminated with the abolition of slavery.

- August 9, 1890

During this date the police laws alluding to work were issued. The issuance of these laws took place in some provinces of the country and sought to introduce some concepts related to labor benefits for service personnel.

They highlighted, among others, the modification of the duration of the days, the type and amounts of the salary and some sanctions for the workers.

Twentieth century

- January 1, 1900

Modern Colombian labor legislation officially enters into force. These laws seek to institutionalize some fundamental concepts of Colombian labor law. That is how:

-The duration of daily work days is regulated (no more than eight and a half hours)

-The duties of the employer are indicated in order to guarantee the welfare and safety of the employee

-The health and safety conditions are established within the work space so that the employee could carry out their work in an optimal and safe way (Apotero, 2017).

- November 28, 1905

The life pension is established for those who will retire from their work in the Supreme Court of Justice. On the other hand, it is established that retirement would take place when reaching 60 years of age.

- June 26, 1917

The "Law of public workshops and establishments" is created. This law was born after the Mining laws of 1904, 1909 and 1915 were established as provisions to regulate the work carried out in underground mines. The law of workshops and public establishments seeks the repair of work accidents.

- June 23, 1928

The 1928 Labor Law is established. It establishes a 9-hour working day, and indicates certain fundamental principles of industrial safety. The amount of the salary that must be paid on a daily or weekly basis is regulated.

Labor law becomes stronger as Colombian labor law becomes clearer.

- November 6, 1936

Promulgation of "Legislative Act No. 1. Section 2 of Article 20". In this legislative act, the strike is endorsed as a right of workers in private entities. This law is included in the 1991 Political Constitution in article 56.

- August 6, 1938

Establishment of "Law 96 of 1938", by means of which a Ministry of Labor is constituted in Colombia.

- December 26, 1946

Creation of "Law 90 of 1946", through which the Compulsory Social Security in Colombia and the Social Security Institution (ISS) are created.

- March 5, 1950

During this date, the Substantive Labor Code was officially born in Colombia, during the government of Mariano Ospina Pérez.

This event takes place under the promulgation of "Legislative Decree 2663" and "Decree 3743".

Both compiled the totality of the labor norms that had been established in a dispersed way until then.

Labor law in Colombia could make use of a formal document in which all the provisions regarding the duties and rights of workers were consigned.

- September 4, 1965

Establishment of “Legislative Decree 2351 of 1965”, by means of which the substantive Labor Code is reformed.

- November 10, 1967

The "Regulatory Decree 2076 of 1967" is created, by means of which the severance payments that employers must pay to their workers are regulated.

- October 15, 1975

Creation of "Law 52 of 1975", through which the payment of annual interest on the severance of private workers is recognized.

- September 15, 1976

Establishment of "Law 26 of 1976" by which the right of trade union associations is allowed and regulated.

- December 6, 1983

Creation of "Law 51 of 1983" by means of which the paid rest of certain holidays can be transferred.

- January 19, 1988

Establishment of "Law 11 of 988" on the rights of domestic service workers.

- July 9, 1990

Creation of "Law 50 of 1990", by means of which the substantive Labor Code is amended and some new provisions are indicated.

January 19, 1994

An extraordinary decree is established by which the way in which the general system of occupational risks should be organized and administered is regulated.

XXI century

- May 17, 2002

The "Law 789 of 2002" is established to support employment and extend social security protection. The substantive Labor Code is once again modified (Ramos, 2005).

- July 29, 2003

The apprenticeship contract is regulated and new provisions of the substantive labor code are issued.

- October 22, 2003

The conditions and the monetary quota that must be given to the employees for family compensation are determined.

- December 29, 2010

The maximum number of hours that must be worked daily is reduced to 8 hours.

References

1. (2017). Time Toast. Obtained from History of labor law in Colombia: timetoast.com.
2. Bogotá, A. d. (2017). District Legal Secretariat of the Mayor's Office of Bogotá DC. Obtained from SUBSTANTIVE WORK CODE: alcaldiabogota.gov.co.
3. (2017). Time Toast. Obtained from Labor Law in Colombia: timetoast.com.
4. LARA, CI (2009). HISTORY AND BACKGROUND OF INDIVIDUAL LABOR LAW IN COLOMBIA. Bogotá DC: Cooperative University of Colombia.
5. Ramos, GP (2005). Economic History of Colombia in the 20th Century. Bolivarian Pontifical University.